Patna High CourtCR. MISC./10722/2018bail granted

Chintu Tiwari @ Phuchan v. The State Of Bihar

2018-04-11Mr. Justice Birendra Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.10722 of 2018 Arising Out of PS.Case No. -124 Year- 2017 Thana -HULASGANJ District- JEHANABAD ======================================================

1. Chintu Tiwari @ Phuchan S/o Narendra Tiwari @ Narendra Kumar Tiwari, R/o Village- Baigani, P.S.- Hulasganj in the District of Jehanabad. .... .... Petitioner/s

Versus

1. The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Navin Sharma For the Opposite Party/s : Mr. Dinesh Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR ORAL ORDER 11-04-2018 Heard learned counsel for the petitioner and learned APP for the State.

Petitioner seeks bail in a case registered for the offences punishable under Sections 341, 323, 325, 379, 307, 504 and 506/34 of the Indian Penal Code.

There is land dispute between the parties.

Allegation against the petitioner is of commission of assault with iron rod at the head of the informant.

Submission is that there is no allegation of repetition of blow at the head, hence, intention to commit murder was not there. Petitioner is in custody since 08.01.2018. Investigation of the case is already complete and petitioner is ready to cooperate with the trial.

On the other hand, learned counsel for the

Patna High Court Cr.Misc. No.10722 of 2018 (3) dt.11-04-2018 2/2 informant opposed the prayer on two grounds that the petitioner had caused injury at the head as well as at the leg which was found grievous by the Doctor. He further submits that the petitioner is threatening the prosecution witnesses.

Considering the entire facts and background of allegation, let the petitioner, above named, be released on bail on furnishing bail bond of Rs.20,000/- (Rupees Twenty Thousand) with two sureties of the like amount each to the satisfaction of learned Court below where the case is pending in connection with Hulasganj Police Station Case No. 124 of 2017, subject to the condition that the petitioner shall fully cooperate with the investigation and trial of the case, failing which the court below shall be at liberty to cancel the bail bond of the petitioner. (Birendra Kumar, J) Kundan/- U T